State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-113_34

§ 90‑113.34.  Records to be kept; copies ofrecords.

(a)        The Board shall keep a regular record of its proceedings,together with the names of the members of the Board present, the names of theapplicants for registration, certification, and licensure as well as otherinformation relevant to its actions. The Board shall cause a record to be keptthat shall show the name, last known place of business, last known place ofresidence, and date and number of the credential assigned to each substanceabuse professional meeting the standards set forth in this Article. Anyinterested person in the State is entitled to obtain a copy of Board recordsupon application to the Board and payment of a reasonable charge that is basedon the costs involved in providing the copy.

(b)        The Board may in a closed session receive evidence regardingthe provision of substance abuse counseling or other treatment and servicesprovided to a client who has not expressly or through implication consented tothe public disclosure of such treatment as may be necessary for the protectionof the rights of the client or of the accused registrant or substance abuseprofessional and the full presentation of relevant evidence. All records,papers, and other documents containing information collected and compiled bythe Board, its members, or employees as a result of investigations, inquiries,or interviews conducted in connection with awarding a credential or adisciplinary matter shall not be considered public records within the meaningof Chapter 132 of the General Statutes, except any notice or statement ofcharges, or notice of hearing shall be a public record notwithstanding that itmay contain information collected and compiled as a result of an investigation,inquiry, or interview. If any record, paper, or other document containinginformation collected and compiled by the Board as provided in this subsectionis received and admitted in evidence in any hearing before the Board, it shallthereupon be a public record.

(c)        Notwithstanding any provision to the contrary, the Boardmay, in any proceeding, record of any hearing, and notice of charges, withholdfrom public disclosure the identity of a client who has not expressly orthrough implication consented to such disclosure of treatment by the accusedsubstance abuse professional. (1993 (Reg. Sess.,1994), c. 685, s. 1; 1997‑492, s. 5; 1999‑164, s. 7; 2005‑431,s. 1.)